Fidelity and Guaranty Insurance Underwriters, Inc. v. United States

Tucker Act; 28 U.S.C. § 1491; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Waiver of Sovereign Immunity; Privity of Contract; Equitable Subrogation; General Liability Insurer; Miller Act Surety.

OPINION AND ORDER

Kaplan, Judge.

The plaintiffs in this case are Fidelity and Guaranty Insurance Underwriters, Inc., and United States Fidelity and Guaranty Company (collectively “USF & G”). USF & G seeks reimbursement from the government for legal expenses and settlement costs it incurred in its capacity as general liability insurer for Gibbs Construction, L.L.C. f/k/a Gibbs…